McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.
Supreme Court of Pennsylvania
Writs of error to the Court of Common Pleas of Allegheny county: No. 151 and 175, to October and November Term 1869. On the 14th of April 1868, Robert McClinton presented his petition to the Court of Common Pleas, setting out his ownership of a tract of land; that in 1850 and 1851 the Ohio and Pennsylvania Railroad Company surveyed and built a railroad for about 1900 feet in length over said' tract, and it had been used for a railroad ever since; that some years afterwards…
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Writs of error to the Court of Common Pleas of Allegheny county: No. 151 and 175, to October and November Term 1869. On the 14th of April 1868, Robert McClinton presented his petition to the Court of Common Pleas, setting out his ownership of a tract of land; that in 1850 and 1851 the Ohio and Pennsylvania Railroad Company surveyed and built a railroad for about 1900 feet in length over said' tract, and it had been used for a railroad ever since; that some years afterwards the Pittsburg, Fort Wayne and Chicago Railway Company became owners of the railroad, and had continued to use it for…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Agnew, J.
— These two cases can be considered together, the parties and the land in controversy being the same. In the ejectment the plaintiff sues for the possession of the road-bed used by the defendants running through his land ; and in the petition for damages, he asks compensation for the right of roadway. The court below decided against the plaintiff in each case, on the ground that his claim was barred by the Statute of Limitations of six years. It is a conceded fact that 15 perches of this land covered *407by the railroad are not…
2Cases cited2 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Borough of Harrisburg v. CrangleSupreme Court of Pennsylvania · 1842
3Cited by25 opinions
- Philadelphia ParkwaySupreme Court of Pennsylvania · 1915
- Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Lewisburg Bridge Co. v. County of UnionSupreme Court of Pennsylvania · 1911
- Oliver v. Pittsb. V. & C. Ry. Co.Supreme Court of Pennsylvania · 1890
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